Common use of ARTICLE ARBITRATION Clause in Contracts

ARTICLE ARBITRATION. If the parties to settle the grievance at Step of the Grievance Procedure, either the Employer or the Union, by written notice to the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of the given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be and binding on the two parties to the dispute and shall be applied forthwith. If the parties to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar days of their appointment, either party may request the Minister of Labour to appoint an No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. DOC

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, either the Employer or grievance may be referred to arbitration under the Union, by following procedure. The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of the decision given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized authorised representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. If the parties fail to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar days of their appointment, either party may request the Minister of Labour to appoint an a single Arbitrator. No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. DOCIf a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitration proceedings and if the party in default refuses to meet to appoint an Arbitrator, the party not in default may apply to the Minister of Labour to appoint a single Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding upon both parties. It is agreed that the single Arbitrator shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article and where it appears that the default was owing to a reliance upon the words or conduct of the other party. An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated on the basis of hourly or trip rate times normal hours or trips, as applicable, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the Arbitrator. Where the Arbitrator is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the Arbitrator may substitute a penalty which is in the opinion of the Arbitrator just and equitable. The parties will equally bear the expense of the single Arbitrator. An Arbitrator dealing with a matter other than discipline shall be empowered to render his decision or interpretation consistent with the provisions of this Agreement.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step step of the Grievance Proceduregrievance procedure, either the Employer or grievance may be referred to arbitration under the Union, by following procedure. The party requiring arbitration must serve the other party with written notice of desire to arbitrate within ten (10) days after receiving the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date decision given at step of the given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevailprocedure. If a notice of desire to arbitrate is served, the two parties party serving the same shall meet in an attempt designate whether it wishes to obtain agreement to refer have the matter to an agreed upon single Arbitrator within seven (7) days arbitration heard by a board of service, who will meet with the authorized representatives of the Union and the Employer in arbitration or by a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be and binding on the two parties to the dispute and shall be applied forthwithsole arbitrator. If the parties to agree to refer party serving the matter to an agreed single Arbitrator within seven (7) days notice designates a board of the service as aforesaidarbitration, the two parties shall each then nominate an Arbitrator arbitrator within seven ten (710) calendar days of the to refer the matter to an agreed upon single Arbitrator service and shall notify the other party of the name and address of the its nominee. The two Arbitrators arbitrators so appointed shall attempt to select select, by agreement agreement, a Chairmanchairman. If they the party serving the notice designates a sole arbitrator, the two parties shall attempt to select, by agreement, a sole arbitrator. If the two arbitrators are unable to agree upon select a Chairman chairman within seven ten (7)calendar 10) days of their appointment, or if the parties are unable to select a sole arbitrator within ten (10) days of the notice that the party wishes to have the arbitration heard by a sole arbitrator, either party may request the Minister of Labour to appoint an impartial chairman or an impartial arbitrator, as the case may be. Where the arbitration is to be heard by a sole arbitrator, all references hereinafter contained in Article to a board of arbitration shall apply to the sole arbitrator, making all. necessary changes. No person may be appointed as Chairman arbitrator who has been involved in an attempt to negotiate or settle the grievance. Notice The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the chairman of the arbitration board governs. Notices of desire to arbitrate and of nominations of an Arbitrator arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. DOCIf a party refuses or neglects to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings, and if the party in default refuses or neglects to appoint an arbitrator in accordance with Article the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties. It is agreed that the arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article and Article where it appears that the default was owing to a reliance upon the words or conduct of the other party. An employee found to be wrongfully discharged or suspended may be reinstated without loss of seniority. The arbitration board may have the jurisdiction, power, and authority to decide of the payment of back pay; if it so decides, back pay shall be calculated at day rate, earnings, as applicable times normal hours, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the arbitration board. Where the arbitration board is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee’s employment record and the circumstances surrounding the discharge or suspension, the arbitration board may substitute a penalty which is, in its opinion, just and equitable. Each of the parties hereto will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the expense of the chairman of the arbitration board.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, either the Employer or grievance may be referred to arbitration under the Union, by following procedure. The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of the decision given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. If the parties fail to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the failure to refer the matter to an agreed upon single Arbitrator and shall notify the other party of the name of the aforesaid nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar 7) days of their appointment, either party may request the Minister of Labour to appoint an impartial Chairman. No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. The decision of a majority is the decision of the Arbitration Board but if there is no majority the decision of the Chairman of the Arbitration Board governs. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. DOCIf a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator in accordance with Article the party not in default may, upon notice to the party in default, appoint a single Arbitrator to hear the grievance and his decision shall be final and binding upon both parties. It is agreed that the single Arbitrator or the Arbitration Board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article and where it appears that the default was owing to a reliance upon the words or conduct of the other party. An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated at day rate or hourly earnings, as applicable, times normal hours, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the single Arbitrator or Arbitration Board. Where the single Arbitrator or Arbitration Board is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the single Arbitrator or the Arbitration Board may substitute a penalty which is in the opinion of the single Arbitrator or Arbitration Board just and equitable. Each of the parties hereto will bear the expense of the Arbitrator appointed by it, and the parties will equally bear the expense of the single Arbitrator or the Chairman of the Arbitration Board. ARTICLE

ARTICLE ARBITRATION. If Where a difference arises between the parties relating to settle the grievance at Step interpretation, application or administration of this Agreement including any question as to whether an allegation is made that this Agreement has been violated either of the Grievance Procedureparties may, either after exhausting any grievance procedure established by this Agreement, notify the Employer other party in writing of its desire to submit the difference or allegation to arbitration and the Union, by written notice to shall contain the other, shall have name of the right to appeal the dispute first party’s appointee to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date The recipient of the given at Step of the Grievance Procedure. Any grievance not advanced to the next stepnotice shall within five (5) days, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be and binding on the two parties to the dispute and shall be applied forthwith. If the parties to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall inform the other party of the name of its appointee to the nomineeArbitration Board. The two Arbitrators appointees so appointed selected shall attempt to select by agreement within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairman. If they are unable the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within seven (7)calendar days of their appointmentthe time limits, either party may request the appointment shall be made by the Minister of Labour to appoint an No person Labour, upon the request of either party. The Arbitration Board shall hear and the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employees affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is not majority the decision of the Chairman governs. Each of the parties hereto shall bear the expense of the arbitrator appointed by it, and the parties hereto shall jointly bear equally the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. It is further agreed that arbitration hearings shall be held in or such other place as may be appointed as Chairman who has been involved in an attempt mutually agreed to negotiate by the parties hereto. In no event shall the Board of Arbitration have the power to change this Agreement or settle the grievancealter, modify or amend any of its provisions. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served or by registered mail. If served by registered mailHowever, the date Board of mailing Arbitration shall be deemed have the power to be the date dispose of service. DOCany discharge or discipline grievance by any arrangement which, in its opinion, it deems just and equitable.

ARTICLE ARBITRATION. If Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to settle in Article (a) above], which has been properly carried through all of the steps of the grievance at Step of the Grievance Procedureprocedure outlined in Article above, either the Employer or the Unionand which has not been settled, by written notice to the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of the given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement referred to a Board of Arbitration, unless the Employer and parties agree otherwise in writing. Where a matter may be referred to a Board of Arbitration, the Union following procedure shall apply: The Party requesting arbitration shall notify the other party, in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be and binding on the two parties to the dispute and shall be applied forthwith. If the parties to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar days of their appointment, either party may request the Minister of Labour to appoint an No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of its desire to arbitrate and shall, at the same time, name one (1) person as its appointee to the Arbitration Board; The recipient of nominations the notice shall, within ten days of an receipt of the referral described in (a), above, notify, in writing, the other Party of its appointee to the Arbitration Board; The Chairperson of the Board of Arbitration shall be selected from the top of the list of arbitrators provided for in Article below. Once selected, the arbitrator’s name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be referred to a Sole Arbitrator, the Sole Arbitrator shall be served or by registered mailselected from the top of the list of arbitrators provided for in Article below. If served by registered mailOnce selected, the date of mailing name shall be deemed moved to the bottom of the list and the arbitrators shall be the date so rotated. There shall be a list of servicesix (6) arbitrators who shall act as Chairperson or Sole Arbitrator as provided for in Articles and above. DOCThe list of arbitrators and their initial order shall be as follows: Xxxxxxx

ARTICLE ARBITRATION. If The party receiving a notice of intention to arbitrate shall notify the parties to settle the grievance at Step other party initiating arbitration of the Grievance Procedure, either the Employer or the Union, by written notice to the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty name and address of its proposed arbitrator within fifteen (6015) calendar days the date of the given at Step receipt of the Grievance Procedurenotice of intention to arbitrate. Any grievance not advanced to the next stepThe party giving notice shall then, within fifteen (15) days following the time limit in that stepreceipt of the notice referred to above, indicate its intention to either accept or reject the arbitrator as proposed. In the event of rejection of the proposed arbitrator, then it shall propose an arbitrator within days and this process shall continue until an agreement is reached as to who the arbitrator shall be. The proposed arbitrator shall be deemed abandoned. Time limits may be extended chosen from a list compiled by mutual agreement of the Employer and the Union in writingand shall consist of not less than five names. The arbitrator appointed under this article shall be bound by the terms of this Agreement and the decision of such arbitrator shall be final and binding on all parties. The arbitrator shall not have the power or authority to make any decision inconsistent with the terms of this Agreement nor to alter, then modify or amend any part of this Agreement. In the new date shall prevail. If a notice case of desire to arbitrate is serveddisciplinary action, the two arbitrator shall have the power to alter or modify any disciplinary action taken by the Employer. The cost and expenses of the arbitrator shall be borne by each party equally. The time limits specified in this Article and in the preceding Article shall be mandatory and not directory and may be waived or extended in any particular case only by the mutual written agreement of the parties concerned in the grievance or arbitration proceedings. The failure to comply with any time limit set out in this or the preceding Article shall meet in an attempt to obtain render the grievance lost by the griever or admitted by the party grieved against, as the case may be. The negotiating committee for the bargaining unit shall consist of a maximum of three (3) employees chosen by the union, each of whom shall have at least one year’s seniority with the Employer as at the date of commencement of negotiations. Where bargaining sessions between the Employer and the Union are scheduled by agreement to refer be held during the matter to an agreed upon single Arbitrator within seven (7) days working hours of service, who will meet with the authorized representatives a member or members of the Union Negotiating Committee, such member or members, as the case may be, shall be entitled to leave of absence without pay for those bargaining hours occurring during his or their scheduled work, All other matters relating to bargaining shall be performed outside the employee’s hours of work and on the employee’s own time. The Union shall notify the Employer in a hearing to ascertain both sides writing of the casenames of the employees on its negotiating committee at least two (2) months prior to the commencement of negotiations. The decision Employer agrees to maintain the wages and benefits of employees on the negotiating committee while engaged in negotiations providing they attend negotiating sessions and the Union will reimburse the Employer within days of receipt of the single Arbitrator invoice from the Employer. Article employer will maintain the current pension plan. The current cost sharing arrangement for the group insurance plan will be and binding on maintained. Article Temporary Employees Temporary employees will be governed by the two parties to terms of this Agreement with the dispute and shall be applied forthwith. If the parties to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar days of their appointment, either party may request the Minister of Labour to appoint an No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. DOCfollowing modifications:

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, either the Employer or grievance may be referred to arbitration under the Union, by following procedure. The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of the decision given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator arbitrator within seven ten (710) days of service, who . The single arbitrator will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. If the parties fail to agree to refer the matter to an agreed single Arbitrator arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar days of their appointment, either party may request appointment of an arbitrator as provided in the Minister of Labour to appoint an No Relations Code. Except as agreed expressly by the parties, no person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator arbitrator shall be served personally or by registered mailreceipted delivery. If served by registered mailreceipted delivery, the date of mailing shall be deemed to be the date of service. DOCIf a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitra- tion proceedings and if the party in default to meet to appoint an arbitrator, the party not in default may request appointment of an arbitrator as provided in Article to hear the grievance. The decision of the arbitrator shall be final and binding upon both parties. It is agreed that the single arbitrator shall have the jurisdiction, power, and authority to give relief for default in complying with the time limits set out in Articles and where it appears that the default was owing to a reliance upon the words or conduct of the other party. A found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calcu- lated on the basis of mileage, hourly, or trip rate times, normal trip miles, hours, or trips, as applicable, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the arbitrator. Where the arbitrator is of the opinion that there is proper cause for disciplining an employee but considers the penalty imposed too severe in view of the employee’s employment record and the circumstances surrounding the discharge or suspension, the arbitrator may substitute a penalty, which is, in the opinion of the arbitrator, just and equitable. The parties will equally bear the expense of the single arbitrator. An arbitrator dealing with a matter other than discipline shall be empowered to render his decision or interpretation consistent with the provisions of this agreement.

ARTICLE ARBITRATION. If Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to settle in Article (a) above], which has been properly carried through all of the steps of the grievance at Step of the Grievance Procedureprocedure outlined in Article above, either the Employer or the Unionand which has not been settled, by written notice to the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of the given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement referred to a Board of Arbitration, unless the Employer and parties agree otherwise in writing. Where a matter may be referred to a Board of Arbitration, the Union following procedure shall apply: The Party requesting arbitration shall notify the other party, in writing, then the new date shall prevail. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be and binding on the two parties to the dispute and shall be applied forthwith. If the parties to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7)calendar days of their appointment, either party may request the Minister of Labour to appoint an No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of its desire to arbitrate and shall, at the same time, name one (1) person as its appointee to the Arbitration Board; The recipient of nominations the notice shall, within ten (10) days of an receipt of the referral described in (a), above, notify, in writing, the other Party of its appointee to the Arbitration Board; The Chairperson of the Board of Arbitration shall be selected from the top of the list of arbitrators provided for Article below. Once selected, the arbitrator’s name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be referred to a Sole Arbitrator, the Sole Arbitrator shall be served or by registered mailselected from the top of the list of arbitrators provided for in Article below. If served by registered mailOnce selected, the date of mailing name shall be deemed moved to the bottom of the list and the arbitrators shall be the date so rotated. There shall be a list of servicesix (6) arbitrators who shall act as Chairperson or Sole Arbitrator as provided for in Articles and above. DOCThe list of arbitrators and their initial order shall be as follows: Xxxxxxx